Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Proceedings against excavators.
When the office has good cause to believe that an excavator is
engaging or has engaged in conduct that violates Minnesota Statutes, section
216D.04,
subdivision 1, 2, or 3; 216D.05, clause (1), (2), (3), or (4); or 216D.06,
subdivision 1, or a rule adopted under Minnesota Statutes, section
216D.08,
subdivision 4, the office, if appropriate, shall negotiate a civil penalty
under Minnesota Statutes, section
216D.08,
subdivision 2. A penalty imposed under Minnesota Statutes, section
216D.08,
is subject to the contested case and judicial review provisions of Minnesota
Statutes, chapter 14. An operator who engages or has engaged in excavation that
violates Minnesota Statutes, chapter 216D, is subject to the proceedings
specified in subpart
2 and is subject to the
penalties specified in subpart
4, item B or C.
Subp. 2.
Proceedings against
underground facility operators.
The office may negotiate a civil penalty under item A or
B.
A. When the office has good cause
to believe that an underground facility operator, other than an operator set
forth in item B, is engaging or has engaged in conduct that violates Minnesota
Statutes, sections
216D.01 to
216D.07,
or a rule adopted under Minnesota Statutes, section
216D.08,
subdivision 4, the office, if appropriate, shall negotiate a civil penalty
under Minnesota Statutes, section
216D.08,
subdivision 2. A penalty imposed under Minnesota Statutes, section
216D.08,
is subject to the contested case and judicial review provisions of Minnesota
Statutes, chapter 14.
B. When the
office has good cause to believe that an operator who engages in the
transportation of gas or hazardous liquids or who owns or operates a gas or
hazardous liquid pipeline facility is engaging or has engaged in conduct that
violates Minnesota Statutes, sections
299F.56
to
299F.641,
or a rule adopted under Minnesota Statutes, section
299F.60,
subdivision 5, the office, if appropriate, shall negotiate a civil penalty
under Minnesota Statutes, section
299F.60,
subdivision 2. A penalty imposed under Minnesota Statutes, section
299F.60,
is subject to the contested case and judicial review provisions of Minnesota
Statutes, chapter 14.
Subp.
3.
Assessment considerations.
In assessing a civil penalty under this part, the office shall
consider the following factors:
A. the
nature, circumstances, and gravity of the violation;
B. the degree of the person's
culpability;
C. the person's
history of previous offenses;
D.
the person's ability to pay;
E.
good faith on the part of the person in attempting to remedy the cause of the
violation;
F. the effect of the
penalty on the person's ability to continue in business; and
G. past reports of damage to an underground
facility by a person.
Subp.
4.
Maximum penalties.
For the purposes of this part, penalties imposed under this
part must not exceed the limits in items A to C.
A. Penalties imposed against excavators must
not exceed $1,000 for each violation per day of violation.
B. Penalties imposed against underground
facility operators, other than an operator set forth in item C, must not exceed
$1,000 for each violation per day of violation.
C. Penalties imposed against an operator who
engages in the transportation of gas or hazardous liquids or who owns or
operates a gas or hazardous liquid pipeline facility must not exceed $10,000
for each violation for each day that the violation persists, except that the
maximum civil penalty must not exceed $500,000 for a related series of
violations.
Subp. 5.
Payment procedure.
The person shall pay a civil penalty that has been proposed,
assessed, or compromised by submitting to the office a check or money order in
the correct amount, payable to the commissioner of public safety.
Statutory Authority: MS s
14.06;
216D.08;
299F.56;
299F.60;
299F.641;
299J.04
